Terms of Use

This Terms of Use Agreement includes the terms of utilization of the services provided in the application and metaverse platform named NextAR through our Metaverse Websites with the extension all “Arimars.com” (“platform”), NextAR mobile application (“application”or “app”) or any of our Services (collectively, the “Services”), of which Arimars Teknoloji Çözümleri A.Ş. (“Arimars”, “we” or “our”) is the developer and owner,  and the terms and conditions of use and the Storage of Personal Data.

Arimars and users will be deemed to have reached a full agreement on the following terms, once the users download, view, log in or start using the above-mentioned application, platform and services.

1. PARTIES

   This Terms of Use Agreement (Hereinafter briefly referred to as “Agreement”), is concluded between Arimars Teknoloji Çözümleri A.Ş. and its Users (Hereinafter briefly referred to as ”User” will be referred to as).

   By accessing and using the platform, App and services you are agreeing to be bound by and comply with this Terms of Use.

   Arimars Teknoloji Çözümleri A.Ş. (Tax ID:0790659880)

   Address: Maslak Mah. A.O.S. 55. Sok. No:2 42 Maslak A BLOK D:237 / A0913 Sarıyer İstanbul

   E-mail address: info@arimars.com

2. DEFINITIONS

   2.1. Developer.The company that prepared the application, platform and any services.

   2.2. Services. It refers to the services and applications offered by Arimars to enable users to perform the work and operations defined in this Terms.

   2.3. User. Arimars platform, application or services member refers to a natural or legal person who is a member or without being member of the platform, application or services under this Terms and purchases or views products and/or Services offered for sale by the Seller with ads provided on the Application and Platform.

   2.4 Application. Refers to the NextAR mobile application which can be downloaded via Apple AppStore or Google Play Store owned by Arimars and which Arimars provides the Services set out in this Terms.

   2.5. Platform. Refers to the NextAR platform which can be accessed Metaverse Websites with the extension all “Arimars.com” owned by Arimars and which Arimars provides the Services set out in this Terms.

3. PRIVACY POLICY

   We advise You to read our privacy policy regarding our user data collection which sets out the terms on which we process any personal data we collect from you, or that you provide to us. It will help you better understand our practices.

4. PURPOSE AND SUBJECT

   This Agreement regulates the terms of using the services offered in the application, platform, and services all developments and changes in the application, platform and services that may be made by Arimars, the rules that the Users are subject to while using the application, and the rights and obligations of the parties.

   With these Terms the User is deemed to have accepted all kinds of statements, including the content contained in the Application, Platform and services and the these that will be included in the Application, Platform and services.

5. RIGHTS AND OBLIGATIONS OF ARİMARS TEKNOLOJİ ÇÖZÜMLERİ A.Ş.

   5.1.      Arimars shall exercise due diligence and sensitivity to publish quality and useful content.

   5.2.      Arimars shall not make any commitment that the content in the application and platform in question will meet the expectations of the Users, will be useful to the Users and/or will contain correct information. Herewith, Arimars shall not assume any responsibility for any adverse condition that may occur, arise or indirectly affect due to the application. The User shall absolutely accept this situation.

   5.3.      Arimars Teknoloji Çözümleri A.Ş. is the exclusive right holder of the application and platform named NextAR. All kinds of organization, usage and disposal authority on this application belongs to Arimars and Arimars may unilaterally amend the content and terms of use of the application and its extensions, including the terms of the agreement, without the need to any prior notice.

   5.4.      All kinds of intellectual and industrial property rights of all software products included in the application and platform named NextAR, including but not limited to text, articles, photographs, pictures, documents, animations, videos, and all products belong exclusively to Arimars and/or to the relevant persons permitted by Arimars. All these products and contents shall not be used without the written consent of Arimars. Copying, reproduction, uninformed and unauthorized use and distribution of these products and contents for any purpose are prohibited. In addition, photographs, video images, animations, texts, and other written and visual materials published in the application and platform shall not be published, copied, reproduced, or distributed in any other mobile application and/or other media, and no additions, deletions or any other changes shall be made to its content, either partially or completely, by any technological method, without receiving permission from Arimars. Regarding the aforementioned rights, the User shall not go beyond the permitted scope and use contrary to the legislation and morality under no circumstances.

   5.5. In the application and platform named NextAR, the links given to other websites and/or applications are only for the purpose of providing reference to the Users, and Arimars has no association with the content offered on the relevant websites and/or applications. The User shall accept and undertake that by accessing the relevant websites and/or applications via these links, he/she will leave the legal liability domain of Arimars and will not stake any claim against Arimars due to the damage that may be incurred by clicking these links and accessing any website and/or application.

   5.6.      Arimars is entitled to make any amendments to this Agreement and the application and platform named NextAR at any time when it deems necessary. Said amendments shall become effective immediately on the date the amended agreement is put into effect. Continued access to the application or the continued use of the application by the User shall mean that the User have absolutely accepted the amended Agreement.

   5.7. Arimars shall take all kinds of technological measures taken by similar organizations in order to prevent any data uploaded by the User to the NextAR application and platform from being seized by malicious third parties. However, Arimars shall not be held responsible for the seizure of data uploaded to the site by malicious third parties, despite all the necessary precautions taken. In this case, the User shall hereby accept and undertake that he/she will not stake a claim against Arimars.

   5.8.      Users are solely responsible for the security and storage of the information (User name, password, etc.) given to the users to access the application they use in order to benefit from the services / services offered by NextAR, as well as keeping them away from the knowledge and use of third parties. Arimars shall not have any direct or indirect responsibility for the damages that the users and/or third parties have suffered or may suffer in the future due to all their negligence and faults regarding security, storage, use by third parties and other similar issues.

   5.9.      Once the User clicks the “I accept” button in the agreements included in the application, these agreements enter into force indefinitely between the parties and when the User is deemed to have accepted the terms of the agreement, all statements made by the company regarding the use, Usership and services within the application and that he/she will act in accordance with these statements.

   5.10.    Arimars has the right to immediately terminate this User Agreement at any time without any prior notice and without any justification. The User irrevocably accepts and declares that Arimars has this termination right.

   5.11.    The User may cancel his/her Usership from the Usership settings section of the application. With the cancellation of the Usership, the nickname used by the User becomes available and selectable to other Users. Some records of the canceled Usership (messages, information provided on the profile, etc.) shall be kept in the database of the websites for 30 days for security reasons. All records regarding the canceled Usership shall be deleted from the database at the end of this period.

   5.12.    The information provided by the User during the Usership registration procedures, User profiles and photos, promotional films, pictures, articles and similar things added to the User’s profile may be used for advertising and marketing of websites.

   5.13.    Arimars reserves the right to make changes in the Usership agreement without notifying Users.

   5.14.    Arimars may turn the services that do not require Usership into a state that requires Usership in due course. Arimars may open additional services, modify some or all of its services, or convert them into paid services.

   5.15. In order to benefit from the Services provided under these Terms personal data of the User will be processed. In order for Arimars to provide the Service, the personal data shared by the User must be accurate and up to date. Otherwise, the User is personally responsible for all damages that may arise due to this reason.

   5.16. Arimars offers various discounts, gifts, deals, offers, etc. or can make campaigns from time to time through the Application or Platform for the benefit of Users. All terms and conditions of these campaigns shall be regulated by the Company.

   5.17. Arimars reserves the right to make any changes related to the content of campaigns and offers and to terminate the campaign and special offers in advance and without notice.

   5.18. By sending information and content through the Application, the User acknowledges and declares that he/she has granted the Company a valid, unrequited, continuous, and unlimited license worldwide for the use of this information and content.

   5.19. Links to other sites may be provided within the site. Arimars may publish the advertisements of the contracted 3rd parties and / or application forms for various services and direct the Users to the advertiser or contracted 3rd parties’ sites through these forms and advertisements. Arimars assumes no responsibility for the privacy practices and policies of other sites accessed through this link, or for the content they host.

6. RIGHTS AND OBLIGATIONS OF USERS

   6.1.      Once the User clicks the “I accept” button in the relevant agreements included in the application, these agreements enter into force indefinitely between the parties and when the User is deemed to have accepted the terms of the agreement, all statements made by the company regarding the use, Usership and services within the application and that he/she will act in accordance with these statements.

   6.2.      Although it is not recommended for those under the age of 18 to use the application subject to this Agreement, those under the age of 18 shall use the application under adult supervision. To create an account in the Application and Platform, it is necessary to be an adult and not to be temporarily suspended or indefinitely banned from the membership by Arimars. The fact that under age people or others who have been temporarily suspended or indefinitely banned from membership by Arimars have completed the Application or Platform registration process will not result in being a User in the Application or Platform.

   6.3.      Arimars shall have the right to immediately terminate the User Agreement and take legal action, in the event that the User exhibits a behavior or act, including but not limited to the ones stated as an example, against the current legislation or public morality and good manners and disturbing the society or other users during the use of the NextAR application or Platform. In this case the User shall not claim any compensation. And further to that the User accepts that Arimars has the right to remove and delete any information that the User has uploaded to the NextAR application or Platform and that it has no obligation to return this data.

   6.4.      The User shall be deemed to have accepted the terms in this Agreement by accepting this Agreement and starting to utilize the services provided in the NextAR application and platform. The User shall not thereafter claim that these rules are unexpected or unacceptable.

   6.5.      The User acknowledges and undertakes that the information and content provided are correct and lawful and that in cases where such information is required (such as forgetting a password), the User shall be liable for any damages arising from incorrect or incomplete information and that his/her Usership may be terminated in such cases, that the address included in this information is the valid notification address, and that if he/she does not notify Arimars of the change in the address, the notifications to be sent to this address will be deemed valid whether or not they have been served.

   6.6.      The User acknowledges and undertakes that the content, services and copyrights offered by Arimars in the application and platform belong to ARIMARS, and that he/she shall not reproduce, distribute, publish or market these services without permission in any way.

   6.7.      The User acknowledges and undertakes that he/she assumes all responsibility and risk arising from the use of the platform and application.

   6.8.      The User acknowledges and undertakes that he/she shall be personally responsible for all kinds of transactions that will be made using the password he/she has determined and under his/her own Username.

   6.9.      While using the platform and application, the User acknowledges and undertakes that he/she shall comply with the Turkish Penal Code, the Turkish Commercial Code, the Law of Obligations, the Law on Intellectual and Artistic Works, the Statutory Decrees and legal regulations on the Protection of Trademark and Patent Rights, all kinds of legislation provisions currently in force and the legislation that will come into force in the future and the notifications to be published by ARIMARS regarding the Application an Platform.

   6.10.    The User acknowledges and undertakes that in line with the preferences to be determined in the privacy and security settings area presented under the heading of settings, any information and data that the User will allow to be seen and accessed by other Users can be accessed by other Users and that he/she may suffer damages for this reason, that he/she has made these settings knowing all the risks and hence he/she shall not hold ARIMARS responsible for any damages that may arise.

   6.11.    The User acknowledges, declares and undertakes that this Agreement is the only agreement prepared for the use of the NextAR application and platform other than the agreements regarding support, project creation and similar works that require additional agreements, and that by starting to use these sites he/she has accepted this agreement and has tacitly agreed to enter into a valid contractual relationship, thereafter, he/she shall not claim that this agreement is invalid on the basis that it has been concluded electronically, that this agreement is in the nature of standardized terms in the sense accepted in the doctrine and hence, these terms are valid even if the declaration of acceptance of the agreement is not clear.

   6.12.    The User acknowledges that Arimars does not have any supervision obligation and responsibility regarding the compliance of the content that he/she creates through the application and platform with the Legislation and the User acknowledges, declares and undertakes that he/she shall assume all forms of responsibility in this matter. Within this context, while creating content through the application and platform, the User acknowledges, declares and undertakes;

   • not to use the services in any other way, such as decompiling, disassembling, reverse engineering, copying, transferring or otherwise, except as permitted by this Agreement,
   • not to encourage, advocate or assist any illegal activity,
   • not to violate the legal rights of third parties or institutions, not to include any element that is contrary to the current legislation and that may cause any legal or criminal liability, and not to contain any expressions that may conflict with this Agreement,
   • not to contain any material or elements that are pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist or illegal,
   • not to include materials or elements that promote, provide or relate to information about illegal activities, or promote physical harm to any person or group,
   • not to provide or promote the transmission of any element that may infringe the intellectual property or other rights of third parties, including any trademark, copyright, patent or publicity right,
   • not to use the Application in a way that interrupts, suspend, slow down or prevent the continuity of the Application, not to attempt to intrude ARIMARS servers without permission, and not to impose a disproportionate load on the infrastructure of the services,
   • not to use the Application and Platform out of its purpose.

   6.13.    By accepting this Agreement and using the Application and Platform, the User acknowledges and undertakes to immediately inform Arimars of any legal complaint, claim or action regarding the content uploaded by himself/herself.

   6.14.    The User irrevocably acknowledges, declares and undertakes that this application and platform can be made available by ARIMARS for a fee at any time, and that the right to use it for free beforehand shall not constitute an acquired right.

   6.15. RESTRICTIONS ON USE

   6.15.1. When You access or use the Application, Website or any other Services provided by Arimars You agree that you will not use the Application in a manner that is contrary to law and morality, especially in the following cases:

   6.15.1.1. Use of the entire or part of the Application for the purpose of disrupting, modifying, or reverse engineering.

   6.15.1.2. Spread of a virus or any other technology that damages the Application or Platform, the Application or Platform’s database, any content contained in the Application and Platform;

   6.15.1.3.An unreasonable or disproportionately large load on communications and technical systems, which is determined by the application or platform, or the technical functioning in activities that will harm arrives, the application or platform without obtaining the prior written consent of Arimars, auto program, robot, web crawler, spider, data mining and data crawling, such as “screen scraping” software or systems and in this way the use of any content in the Application and Platform of all or a portion of any unauthorized copying, republication or use.

   6.15.1.4. The User accepts, declares, and undertakes that all purchases made through the Application are for personal use and that they are not for resale purposes.

7. COPYRIGHTS

   7.1.      The copyright of all kinds of questions, shared answers, services and software in this application and platform belongs to ARIMARS itself and/or to those displayed next to them. Users shall not reproduce and distribute them by any means without the prior written consent of ARIMARS.

   7.2.      Goods, service brands and logos of any nature appearing in this application or platform belong to their owners and shall not be used without their prior written consent.

   7.3.      In addition to the services offered by Arimars itself in the Application and Platform, the exercise of the rights of the names and financial rights defined in the provisions of the Article 21-25 of the Law on Intellectual and Artistic Works regarding all visual and written content used in the Application are exclusively owned by Arimars and the relevant persons whom it allows to use the rights displayed next to them, without being subject to any royalties and any location, number and time constraint. Regarding the aforementioned rights, the User shall not go beyond the permitted scope and use contrary to the legislation and morality under no circumstances.

8. TERMINATION OF THE AGREEMENT

   8.1. Arimars reserves the right to terminate the User’s access without warning or notification
   8.2. The User is responsible for any violation of the Agreement and may be liable for consequences
   8.3. The User can terminate their account via email
   8.4. Arimars may immediately terminate the User’s account for violations of legislation, contractual obligations, negative impact on the image, promotion of monitored organizations, harm to other Users, or membership in illegal organizations
   8.5.Arimars may also take actions such as deleting User content, issuing warnings, right of warning and commencing legal proceedings, or blocking access to services for important reasons.

9. USER INTERACTION

   9.1 In NextAR Metaverse Platform, you can interact with other users’ avatars. Your communications may be heard by others and recorded by both the platform and other users, and may be shared on social media. You are solely responsible for creating your own user.

   9.2 You also agree that you will not speak, post, upload, share, store, or otherwise provide through the App any User Creations that: (i) infringe or violate any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation trademark, patent or copyrights) or contract rights; (ii) are defamatory, disruptive, unlawful, offensive, false, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, threatening, excessively violent, harassing, illegal or otherwise objectionable; (iii) incite, encourage or threaten immediate physical harm and/or promote or advocate racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iv) that violate any law. NextAR Metaverse Platform has the exclusive right to determine whether a user has violated one or more of these prohibitions and can immediately and without advance notice terminate your right to access the App and Platform.

10. PRINCIPLE OF CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

    10.1.  Arimars understands the importance of protecting the information provided by the Users regarding their personal identity and is committed to complying with all relevant data protection legislation. Arimars shall not disclose information about users to unauthorized third parties or notify third parties without the Users’ explicit consent.

    10.2.  Arimars shall take all necessary precautions to protect the data provided by Users to the best of its ability. Despite all measures taken, the User acknowledges and undertakes not to claim any compensation from Arimars in case the data is seized by malicious parties.

    10.3.  Arimars keeps the data of its Users in accordance with the law numbered 5651 and all the data that must be kept under other legislation that is in force or will come into force in the future and is obliged to deliver it to relevant authorities upon the request of these authorities. The User acknowledges and undertakes not to claim that the privacy of their communication or other rights are violated due to the data kept by Arimars for legal purposes. Arimars undertakes to exercise due diligence in the storage and disposal of this data.

    10.4.  The Parties acknowledge and undertake not to disclose any confidential information they obtain from each other during the execution of this Agreement to third parties, unless there is a legal obligation. They shall take all possible measures to ensure that their employees comply with this provision, and not to make any statements against each other during the term of this Agreement and after its expiration. Neither party shall use the other party’s trademarks or titles in any promotion or publication without the prior written consent of the other party.

    10.5. The User acknowledges and declares that he/she expressly consents to the processing of his/her personal data such as name, surname, e-mail address, telephone number (“Personal Data/s”) that he/she has shared with the data controller Arimars by approving the User Agreement while becoming the User of the Application and during his/her movements within the website and/or the application after the Usership within the framework of the Protection of Personal Data and to be transferred to third parties and abroad.

    10.6.    The processing and transfer of Personal Data to third parties and abroad is based on the legal relationship established between the User and Arimars. Personal Data may be processed by Arimars and its affiliates and business partners with whom NextAR and its affiliates have a contractual relationship within the scope of this contractual relationship, for marketing, analysis, and statistics purposes or transferred to third parties and abroad or used by anonymization.

    10.7.  The User acknowledges, declares and undertakes not to process and transfer any personal data obtained while using the application in violation of the Agreement and the Law on Protection of Personal Data No. 6698.

11. MODIFICATION OF TERMS OF USE

    11.1 By approving these Terms, the User shall be bounded by the provisions of these Terms. Arimars, at its sole discretion, may unilaterally change these Terms of Use and any policies in the Application from time to time it deems appropriate, provided that it is not contrary to the provisions of the applicable legislation, by declaring it on the Application and Platform. The amended provisions of the Terms of Use will become effective on the date they are announced in the Application, and the remaining provisions will remain in effect and continue to have their provisions and consequences. For the avoidance of doubt, these Terms may not be changed unilaterally by the User. Please ensure to check the current Terms of Use every time using the Services. By using the Website, Platform and/or the Application, the User agrees to be bound by the current version of these Terms of Use.

    11.2 Arimars can make decisions regarding the development and change of the Application and Platform, can make changes in the Application and Platform, including but not limited to the new version, publication, different events, expanded formats, etc. can make additions, refresh, or remove existing features without prior notice.

12. LEGAL OBLIGATIONS

    Arimars is not responsible for transactions resulting from legal changes outside the scope of this Agreement, and such transactions are not covered by this Agreement.

13. DISPUTE RESOLUTION

    13.1. The User agrees that in any disputes arising from this Agreement, Arimars’s official books, commercial records, and electronic records kept in an electronic environment are legally binding and conclusive evidence under the Law on Civil Procedure. This article constitutes an evidential contract.

    13.2.    If any provision of this Agreement is found to be invalid, void, or unenforceable, the validity of the remaining provisions shall not be affected. The parties agree that the provision in question will be replaced by a provision that is economically closest to the abolished provision, while being valid and enforceable.

    13.3.    This Agreement will be interpreted and enforced in accordance with the laws of the Republic of Turkey. For the resolution of disputes arising from the interpretation and enforcement of this Agreement, the courts and executive offices of Istanbul Anatolian will have jurisdiction.

14. FORCE MAJOR

    14.1 “Force Majeure” events, including insurrection, embargo, government intervention, riot, invasion, war, mobilization, strikes, lockouts or boycotts, labor disputes, cyber-attacks, communication problems, infrastructure and internet failures, system improvements or malfunctions, fires, power cuts, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters, or events that are beyond the control of Arimars and cannot be reasonably foreseen or prevented.

    • If Arimars prevents or delays the performance of its obligations arising from these Terms,
    • Arimars cannot be held responsible for its obligations that are prevented or delayed as a result of Force Major,
    • and this cannot be considered as a violation of these Terms.

15. NOTIFICATION

    This Agreement and User registration specify the parties’ addresses for legal notifications. If either party changes their address, written notice must be provided to the other party. Any notices sent to the current addresses on file shall be considered valid.

    By accepting or confirming registration, the User acknowledges, declares, and agrees to accept all the terms of this Agreement. The User further confirms that all information provided is accurate at the time of registration and will be deemed as accepted upon confirmation.